| In this section: ADMINISTRATION OF ESTATES | AGRICULTURAL HOLDING | ARBITRATION | BANKING | BANKRUPTCY | CHARITY | COMPANY | CONFIDENTIAL INFORMATION | CONFLICT OF LAWS | CONTEMPT OF COURT | COPYRIGHT | COSTS | COUNTY COURT | DAMAGES | ECCLESIASTICAL LAW | EUROPEAN COMMUNITY | FINANCIAL SERVICES | HOUSING | HUMAN RIGHTS | INSOLVENCY | LAND REGISTRATION | LANDLORD AND TENANT | LIMITATION OF ACTION | MENTAL DISORDER | MORTGAGE | NEGLIGENCE | PATENT | PRACTICE | PROBATE | REVENUE | SOLICITOR | STATUTORY POWER | TRESPASS | TRUSTS | UNINCORPORATED ASSOCIATION | VENDOR AND PURCHASER |
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| ADMINISTRATION OF ESTATES |
Order of application of assets — Will — Sole residuary legatee under will bankrupt — Automatic discharge of bankruptcy before completion of administration of estate — Whether entitlement to residuary estate vesting in trustee in bankruptcy — Insolvency Act 1986, ss 306(1), 436
In re Hemming, decd; Raymond Saul & Co (a firm) v Holden and another [2008] EWHC 2731 (Ch); [2008] WLR (D) 354
[2008] WLR (D) 354
12/11/08
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| AGRICULTURAL HOLDING |
Notice to quit — Validity — Landlord charging value added tax on rent — Notice to pay for sum including rent and VAT — Whether notice to pay demanding sum including rent and VAT valid — Agricultural Holdings Act 1986, Sch 3 Case D — Value Added Tax Act 1994
Mason v Boscawen [2008] EWHC 3100 (Ch); [2008] WLR (D) 404
[2008] WLR (D) 404
18/12/08
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| ARBITRATION |
Stay of judicial proceedings — Step in proceedings — Defendant seeking extension of time for service of defence — Whether step in proceedings to answer substantive claim — Whether defendant subsequently barred from applying for action to be stayed — Whether Civil Procedure Rules applying to applications for stay — Arbitration Act 1996, s 9(1)(3) — CPR Pt 11
Bilta (UK) Ltd (in liquidation) v Nazir and others; [2010] EWHC 1086 (Ch)
[2010] WLR (D) 129
17/05/10
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| BANKING |
Letter of credit – Payment – Merchant acquirer receiving payments from card issuer – Whether merchant acquirer lawfully entitled to withhold payments from merchant engaged in third party debit and credit card processing
Lancore Services Ltd v Barclays Bank plc [2008] EWHC 1264 (Ch); [2008] WLR (D) 214
[2008] WLR (D) 214
25/06/08
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| BANKRUPTCY |
Trustee in bankruptcy — Order for sale — Trustee seeking order for sale of bankrupts’ marital home — Proceedings against husband stayed for lack of capacity — Order made for charge against property — Statutory requirement to have regard to needs of spouse and children of bankrupt but not needs of bankrupt — Whether “needs” to be given broad interpretation — Insolvency Act 1986, s 335A(2) (as amended by Trusts of Land and Appointment of Trustees Act 1996, Sch 3, para 23, Civil Partnership Act 2004, Sch 27, para 118) — Trusts of Land and Appointment of Trustees Act 1996, s 14
Everitt v Budhram (a bankrupt) and another;
[2009] WLR (D) 167
20/05/09
Debt — Solicitor’s costs and charges — Sums owed to solicitor by former client — Disagreement between solicitor and client as to quantum — Solicitor petitioning for bankruptcy order on basis of unpaid costs and charges — Whether unliquidated sum becoming liquidated by virtue of debtor’s mere admission that debt due — Insolvency Act 1986, s 267
Truex v Toll [2009] EWHC 396 (Ch); [2009] WLR (D) 85
06/03/09
Property passing to trustee — Matrimonial home — Husband and wife joint tenants of matrimonial home — Bankruptcy of husband — Trustees in bankruptcy selling husband’s interest in matrimonial for deferred contingent consideration — Whether husband’s interest “realised” by sale — Whether interest reverting to husband — Insolvency Act 1986, s283A(2)(3)(a)
Lewis and another v Metropolitan Property Realizations Ltd [2008] EWHC 2760 (Ch); [2008] WLR (D) 361
[2008] WLR (D) 361
21/11/08
Annulment — Payment of debts in full — Solicitor’s undertaking to pay debts, costs and expenses of bankruptcy — Whether court having jurisdiction to accept undertaking — Insolvency Act 1986, s 282(1)(b) — Insolvency Rules 1986, r 6.211(2)
Halabi (A Bankrupt) v Camden London Borough Council and another
[2008] WLR (D) 46
14/02/08
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| CHARITY |
Discrimination — Equality — Provision of adoption services — Charity restricting provision of adoption services to heterosexual parents on religious grounds — New legislation proscribing discrimination on grounds of sexual orientation — Whether lawful for charity to decline to provide adoption services on grounds of sexual orientation — Equality Act (Sexual Orientation) Regulations 2007 (SI 2007/1263), reg 18
Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales (Equality and Human Rights Commission intervening); [2010] EWHC 520 (Ch)
[2010] WLR (D) 78
17/03/10
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| COMPANY |
Scheme of arrangement — Sanction of court — Company in administration — Administrators proposing scheme of arrangement involving distribution of property held by company on trust — Whether scheme dealing with proprietary claims “a compromise or arrangement” between company and its creditors or any class of them — Whether within jurisdiction of court to sanction proposed scheme — Companies Act 2006, ss 895, 899
In re Lehman Brothers International (Europe) (in administration)(No 2); [2009] EWHC 2141 (Ch)
[2009] WLR (D) 287
21/08/09
Unfair prejudice – Conduct of affairs – Exercise of managerial powers – Improper assertion of rights of control over practical management of affairs of company by shareholder – Whether capable of being unfairly prejudicial conduct – Companies Act 2006, s 994
Oak Investment Partners XII v Boughtwood and others [2009] EWHC 176 (Ch); [2009] WLR (D) 39
06/02/09
Shareholder — Minority shareholder's action — Derivative claims by members — Ratification of acts of directors — Persons connected with a director — Whether acts of directors capable of being ratified — Companies Act 2006, s 239
Franbar Holdings Ltd v Patel and others [2008] EWHC 1534 (Ch); [2008] WLR (D) 220
[2008] WLR (D) 220
02/07/08
Director — Misfance — Evidence that company director misapplying company funds — Wife of director having no knowledge of payments Whether wife constituting de facto director — Meaning of “de facto director” — Insolvency Act 1986, s 212
Gemma Ltd (in liquidation) v Davies and another; In re Gemma Ltd (in liquidation); [2008] EWHC 546 (Ch); [2008] WLR (D) 89
[2008] WLR (D) 89
17/03/08
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| CONFIDENTIAL INFORMATION |
Breach of confidence — Damages — Account of profits — Whether claimant entitled to choose remedy
Vercoe and others v Rutland Fund Management Ltd and others; [2010] EWHC 424 (Ch)
[2010] WLR (D) 68
05/03/10
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| CONFLICT OF LAWS |
Jurisdiction under Council Regulation — Challenge to jurisdiction — Corresponding proceedings between same parties in USA and England — English court properly seised of proceedings — Defendants applying for stay on lis alibi pendens grounds — Whether power to grant stay — Whether court entitled to decline jurisdiction on ground of forum non conveniens — Council Regulation (EC) No 44/2001, arts 2, 27
Catalyst Investment Group Ltd v Lewinsohn and others; [2009] EWHC 1964 (Ch);
[2009] WLR (D) 281
31/07/09
Jurisdiction under Council Regulation — Trusts — Beneficiary domiciled in member state — Proceedings brought in another member state — Whether defendant sued in capacity of beneficiary — Council Regulation (EC) 44/2001, art 5(6)
Jose Gonzalez Gomez and others v Encarnacion Gomez-Monche Vives and others [2008] EWHC 259 (Ch)
[2008] WLR (D) 50, Ch D
18/02/08
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| CONTEMPT OF COURT |
Sentence — Civil contempt — Application for temporary release on licence — Whether permission of sentencing judge required
Lexi Holdings plc (in administration) v Luqman [2008] WLR (D) 1
[2008] WLR (D) 1
15/01/08
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| COPYRIGHT |
Infringement — Football fixture lists — Whether any rights subsisting in annual fixture lists — Parliament and Council Directive 96/9/EC, art 3(1)
Football Dataco Ltd and others v Brittens Pools Ltd;
Same v Yahoo! UK Ltd;
Same v Stan James (Abingdon ) Ltd and others
[2010] EWHC 841 (Ch); [2010] WLR (D) 104
23/04/10
Copyright Tribunal — Jurisdiction — Collective licensing body proposing new licensing schemes for delivery system neutral excepted sound recordings — Secretary of state referring schemes to Copyright Tribunal — Whether tribunal's jurisdiction extending to consideration of schemes covering broadcast and non broadcast sound recordings — Copyright, Designs and Patents Act 1988, ss 128A, 128B (as inserted by Copyright and Related Rights Regulations 2003 (SI 2003/2498))
In re Phonographic Performance Ltd [2008] EWHC 2715 (Ch); [2008] WLR (D) 363
[2008] WLR (D) 363
21/11/08
Infringement — Original literary work — Claimant publisher of books about television characters asserting copyright therein— Defendant producing book based on same characters as in original works — Whether defendant “copying” substantial part of original work — Principles applicable
JHP Ltd v BBC Worldwide Ltd and another [2008] EWHC 757 (Ch); [2008] WLR (D) 120
[2008] WLR (D) 120
18/04/08
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| COSTS |
Discretion of court — Conduct of parties — Dishonest conduct of winning party — Whether deliberate pursuit of case known to be false displacing general rule that costs follow event — CPR, r 44.3(2)(a)
Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others; [2009] EWHC 1696 (Ch)
[2009] WLR (D) 242
14/07/09
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| COUNTY COURTS |
High Court — Proceedings transferred to — Proceedings to enforce charging order by order for sale — Amount owing exceeding county court limit — Extent of High Court’s power of transfer — County Courts Act 1984, s 40(2) (as substituted by Courts and Legal Services Act 1990, s 2(1))
National Westminster Bank plc v King [2008] EWHC 280 (Ch)
- [2008] 2 WLR 1279
20/02/08
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| DAMAGES |
Trespass — Measure of damages — Claim for injunction to restrain council from continuing its trespass — Whether council liable for trespasses of its tenants — Whether damages recoverable on hypothetical negotiation basis
Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch); [2008] WLR (D) 298
[2008] WLR (D) 298
27/08/08
Deceit — Measure of damages — Loss of a chance — Whether damages recoverable
4 Eng Ltd v Harper and another [2008] EWHC 915 (Ch)
- [2008] Bus LR 1698
29/04/08
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| ECCLESIASTICAL LAW |
Faculty — Churchyard — Responsibility for maintenance of closed churchyard passing from parish council to local authority — Local authority obtaining faculty permitting hand testing and laying flat of memorials found to be unsafe — Whether parish council having sufficient interest to intervene — Scope of duty to keep churchyard in “decent order” once memorials laid flat — Local Government Act 1972, s 215(1)(3) (as substituted by Local Government (Wales) Act 1994, s 66(5), Sch 15, para 45(3)(b))
In re Hutton Churchyard, Somerset; [2008] WLR (D) 355
[2008] WLR (D) 355
12/11/08
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| EUROPEAN COMMUNITY |
Freedom of establishment — Non-discrimination — Possible restriction on freedom of establishment by national tax provisions relating to thin capitalisation — Whether provisions proportionate in preventing abusive tax avoidance — Whether conforming construction possible — Income and Corporation Taxes Act 1988, s 209(2) (as amended by Finance Act 1995, s 87, Sch 29, Pt VIII, para 12), Sch 28AA (as inserted by Finance Act 1998, s 108(2), Sch 16) — EC Treaty, art 43EC
Test Claimants in the Thin Cap Group Litigation v Revenue and Customs Commissioners; [2009] EWHC 2908 (Ch)
[2009] WLR (D) 334
17/11/09
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| FINANCIAL SERVICES |
Regulator — Powers — Rules in financial services compensation scheme providing for assignment of third party claims — Whether ultra vires — Financial Services and Markets Act 2000, ss 156(2), 213(1)
Financial Services Compensation Scheme Ltd v Abbey National Treasury Services plc (Financial Services Authority intervening) [2008] EWHC 1897 (Ch); [2008] WLR (D) 277
[2008] WLR (D) 277
31/07/08
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| HOUSING |
Registered social landlord — Standard form tenancy agreement — Whether terms could be altered unilaterally — Whether alteration unfair — Housing Act 1985, s 103 — Unfair Terms in Consumer Contracts Regulations 1999, reg 8
The Governors of the Peabody Trust v Reeve
[2008] WLR(D) 181
02/06/08
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| HUMAN RIGHTS |
Right to respect for private life — Correspondence — Application for disclosure of documents in insolvency proceedings — Whether disclosure of business correspondence engaging Convention right to private life — Human Rights Act 1998, Sch 1, Pt I, art 8 — Cross-Border Insolvency Regulations 2006 (SI 2006/1030), Sch 1, art 21(1)(d)
Warner v Verfides (Hafner and another intervening) [2008] EWHC 2609 (Ch); [2008] WLR (D) 338
[2008] WLR (D) 338
29/10/08
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| INSOLVENCY |
Voluntary arrangement — Proposal for voluntary arrangement — Creditor abiding by IVA Protocol rejecting debtor’s proposal for individual voluntary arrangement — Creditor entering into debt management plan with debtor — Whether Protocol requiring creditor to have good reason for rejecting proposal
Mond and another v MBNA Europe Bank Ltd; [2010] EWHC 1710 (Ch)
[2010] WLR (D) 190
09/07/10
Administrator order — Proceedings against company — Amusement arcade companies in administration — Gambling Commission conducting review of operating licences — Whether review “legal process” — Whether process within scope of moratorium — Whether review hearing to be permitted to take place before completion of sale of companies — Insolvency Act 1986, Sch B1, para 43(6)
In re Frankice (Golders Green) Ltd and others;
[2010] WLR (D) 118
06/05/10
Administration — Expenses of administration — Costs of winding up proceedings — Whether payable by administrators as expense of administration — Insolvency Rules 1986 (SI 1986/1925), rr 2.12,2.67
Irish Reel Productions Ltd v Capitol Films Ltd [2010] EWHC 180 (Ch); [2010] WLR (D) 33
10/02/10
Winding up — Jurisdiction — English liquidators claim to beneficial ownership of yacht — Whether “proceedings relating to the winding up of insolvent companies” — Whether English court having jurisdiction to hear claim — Council Regulation (EC) no 44/2001, art 1(2)(b)
Byers and others v Yacht Bull Corpn and another; [2010] EWHC 133 (Ch)
[2010] WLR (D) 18
01/02/10
Administration order — Distribution of assets — Client money held pursuant to statutory trust — Distribution of client money on failure of firm — Whether statutory trust taking effect upon receipt of client money — Whether client money pool including all identifiable client money held by firm as at primary pooling event, whether or not actually segregated — FSA Handbook, Client Asset Sourcebook, CASS 7.7.2R, 7.9.6R(1)
Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others; [2009] EWHC 3228 (Ch)
[2009] WLR (D) 371
15/12/09
Transaction at an undervalue—Purpose of transaction— Claim by company to set aside transaction to realise assets to meet award of damages in its favour — Nature of order and extent of relief to be granted by court— Whether mental state of defendant relevant—Insolvency Act 1986, ss 423(2), 425
4 Eng Ltd v Harper and others (No 2) [2009] EWHC 2633 (Ch); [2009] WLR (D) 307
26/10/09
Cross-border insolvency — Foreign proceeding — Application for recognition of US bankruptcy proceedings as “foreign main proceeding” — Under English law debtor having no legal personalty either as individual or body corporate — Whether Regulations applying — Cross-Border Insolvency Regulations 2006 (SI 2006/1030), art 15
Rubin and another v Eurofinance SAand others; [2009] WLR (D) 282
31/07/09
Winding up — Deprivation provision — Second defendant claiming priority provisions relied on by claimants invalid — Whether provisions contrary to principle that insolvent’s assets available for distribution among creditors — Whether valid
Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd and another; [2009] EWHC 1912 (Ch) [2009] WLR (D) 262
28/07/09
Winding up — Jurisdiction — Company incorporated and having its registered office in Antigua — US court appointing receiver — Antiguan court appointing liquidators — Receiver and liquidators applying for recognition of their respective proceedings as “foreign main proceedings” — Principles applying in determining centre of main interests of a company — Whether recognition to be granted — Cross-Border Insolvency Regulations 2006, Sch 1, arts 2, 17
In reStanford International Bank Ltd and others; [2009] EWHC 1441 (Ch)
[2009] WLR (D) 230
03/07/09
Receivership — Unregistered company — Industrial and provident society — Bank seeking appointment of joint receivers and managers — Whether society “company” — Insolvency Act 1986, ss 37, 72A
In re Dairy Farmers of Britain Ltd; [2009] EWHC 1389 (Ch)
[2009] WLR (D) 201
18/06/09
Winding up — Liquidator — Liquidator bringing legal proceedings in her name without first obtaining sanction of liquidation committee or court — Retrospective sanction of proceedings — Whether jurisdiction to grant retrospective sanction for liquidator to bring proceedings where statutory requirements not met — Insolvency Act 1986, s 167(1)(a) — Insolvency Rules 1986 (SI 1986/1925), r 4.184
Gresham International Ltd and others v Moonie and others; [2009] EWHC 1093 (Ch)
[2009] WLR (D) 168
20/05/09
Winding up – Limited liability partnership – Petitioner alleging persons to be contributories to limited liability partnership – Alleged contributories denying allegation – Whether having locus standi of to appear and oppose winding up petition
In re Charit-Email Technology Partnership LLP; Vermillion International Investments Ltd v Charit-Email Technology Partnership LLP; [2009] WLR (D) 57
13/02/09
Winding up — Fraudulent trading — Accrual of cause of action — Whether time running from making of winding up order or presentation of petition or appointment of provisional liquidator — Whether claim time-barred — Insolvency Act 1986, ss 129, 213
In re Overnight Ltd; Goldfarb v Higgins and others; [2009] WLR (D) 49
11/02/09
Winding up— Liquidator— Removal — Disputed proof of debt— Liquidator not adjudicating on proof— Whether court should exercise its power to direct liquidator to call creditors’ meeting— Insolvency Act 1986, s 172(3)
Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch); [2009] WLR (D) 42
06/02/09
Administration order — Distribution of assets — Company entering liquidation — Distribution of prescribed part of net property to unsecured creditors — Liquidators seeking order for partial disapplication — Cost of making distribution disproportionate to benefits — Whether jurisdiction to make qualified disapplication order — Insolvency Act 1986, s 176A (as inserted by Enterprise Act 2002, s 252)
In re Courts plc [2008] EWHC 2339 (Ch); [2008] WLR (D) 311
[2008] WLR (D) 311
09/10/08
Voluntary arrangement — Company — Claims by trustees of pension scheme in relation to deficit in scheme fund — Quantification of claims — Application of hindsight principle — Whether supervisors required to accept scheme actuary’s quantification — Pensions Act 1995, s 75
In re Federal-Mogul Aftermarket UK Ltd and others [2008] EWHC 1099 (Ch); [2008] WLR (D) 166
[2008] WLR (D) 166
21/05/08
Administration order — Distribution of assets — Floating charges — Company’s net property — Share of prescribed part for unsecured creditors — Whether floating and fixed charge holders excluded from participating in “prescribed part” in respect of their unsecured claims — Insolvency Act 1986, s 176A (as inserted by Enterprise Act 2002, s 252)
In re Airbase (UK) Ltd; In re Airbase International Services Ltd [2008] EWHC 124 (Ch)
- [2008] 1 WLR 1516
05/02/08
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| LAND REGISTRATION |
Register — Appeal from adjudicator — Application for registration cancelled by adjudicator — Cancellation order not protected by stay — Applicants’ appeal against cancellation order successful — Chief Land Registrar refusing to re-enter application on day list — Applicants applying for reinstatement of application — Whether court could direct reinstatement — Land Registration Rules 2003 (SI 2003/1417), r 12
Franks and another v Bedward and another; [2010] EWHC 1650 (Ch)
[2010] WLR (D) 181
13/07/20
Register — Rectification — Registered title in land transferred to adverse possessor — First registered proprietor successfully applying for rectification of title — Whether registrar’s jurisdiction confined to procedural mistakes — Land Registration Act 2002, Sch 4, para 5(a), Sch 6, paras 1–5
Baxter v Mannion; [2010] EWHC 573 (Ch)
[2010] WLR (D) 82
18/03/10
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| LANDLORD AND TENANT |
Leasehold enfranchisement — Claim by qualifying tenants to exercise right to collective enfranchisement — Whether right to collective enfranchisement exercisable only for self-contained part of building not itself comprising two or more self-contained parts — Meaning of “self-contained part of a building” — Leasehold Reform, Housing and Urban Development Act 1993, ss 3, 4
Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd; [2010] EWHC 1230 (Ch)
[2010] WLR (D) 138
27/05/10
Covenant — Assignment of lease — Guarantee agreement — Whether tenant’s guarantor could be required to give guarantee for assignee of tenant — Whether agreement void — Landlord and Tenant (Covenants) Act 1995, s 25
Good Harvest Partnership LLP v Centaur Services Ltd [2010] EWHC 330 (Ch); [2010] WLR (D) 48
23/02/10
Covenant — Possession, not to part with— “Virtual assignment”of leasehold office premises— Whether tenant breaching alienation covenants in lease by entering into virtual assignment
Clarence House Ltd v National Westminster Bank plc [2009] EWHC 77 (Ch); [2009] WLR (D) 22
23/01/09
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| LAND REGISTRATION |
Registration — Restriction — Objection — Adjudicator’s function in relation to disputes — Whether adjudicator having jurisdiction to determine question of beneficial interest to property — Land Registration Act 2002, s 73 — Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003 (SI 2003/2171)
Jayasinghe v Liyanage [2010] EWHC 265 (Ch); ; [2010] WLR (D) 44
18/02/10 |
| LEGAL AID |
Costs — Legally assisted person — Discharge and reinstatement of legal aid certificates — Litigant acting in person while seeking to replace one firm of solicitors acting under legal aid certificate with another firm nominated for that purpose — Whether “legally assisted person” — Whether liable for costs — Legal Aid Act 1988, ss 2(11), 17(1)
Mohammadi v Shellpoint Trustees Ltd and another; [2009] EWHC 1098 (Ch)
[2009] WLR (D) 169
22/05/09
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| LIMITATION OF ACTION |
Fraudulent breach of trust — Transfer of part of proceeds to third party — Claim by beneficiary to recover from third party — Whether third party in position of fiduciary or merely accessory to breach — Whether exception to normal limitation period applicable to such a claim — Limitation Act 1980, s 21(1), (3)
Statek Corpn v Alford and another [2008] EWHC 32 (Ch)
[2008] WLR (D) 10
24/01/08
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| MENTAL DISORDER |
Court of Protection — Settlement — Receiver — Receiver failing to take into account inheritance tax position when settlement established — Whether settlement to be set aside
Pitt and another v Holt and another
[2010] WLR (D) 2
18/01/10
Court of Protection — Execution of statutory will — Approach to be adopted when making decisions about property and welfare of persons lacking capacity — Mental Capacity Act 2005 (c 9)
In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41
09/02/09
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| MORTGAGE |
Sale by mortgagee — Statutory power — Mortgagee claiming possession on ground that mortgagor’s rights in property overreached by sale — Whether sale by receivers depriving mortgagor of one of her possessions — Whether statutory power incompatible with Convention right — Law of Property Act 1925, s 101 — Human Rights Act 1998, Sch 1, Pt II, art 1
Horsham Properties Group Ltd v Clark and another (Secretary of State for Justice intervening) [2008] EWHC 2327 (Ch); [2008] WLR (D) 307
[2008] WLR (D) 307
08/10/08
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| NEGLIGENCE |
Duty of care — Surveyors — Valuation of buy to let property — Scope of valuers’ duties and liabilities
Scullion v Bank of Scotland plc [2010] EWHC 572 (Ch); [2010] WLR (D) 88
18/03/10
Duty of care to whom? — Bookmaker — Gambling losses of customer known by bookmaker to be problem gambler — Whether bookmaker owing duty of care to customer
Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch)
[2008] WLR (D) 86
12/03/08
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| PARTNERSHIP |
Dissolution — Breach of duty of care — Professional negligence claim against firm — Default of partner responsible for firm’s professional indemnity insurance — Firm’s professional indemnity insurer refusing indemnity — Whether partner in breach of duty of care to firm — Whether liability in damages to client liability of partner personally — Partnership Act 1890, s 24
Tann v Herrington [2009] EWHC 445 (Ch); [2009] WLR (D) 89
10/03/09
|
| PATENT |
Invention — Employee invention — Employee claiming compensation for invention in employer’s patent — Hearing officer effectively striking out part of claimant’s statement of case — Amount of benefit derived by employer from assignment of patent to connected person — Meaning of “that person” — Patents Act 1977, s 41(2)
Shanks v Unilever plc and others; [2009] EWHC 3164 (Ch)
[2009] WLR (D) 354
03/12/09
Invention — Employee inventors — Claim for share of benefit derived by employer — Whether compensation restricted to remedying damage or loss — Whether compensation just and fair reward to employee — Patents Act 1977, ss 40, 41
Kelly and another v GE Healthcare Ltd [2009] EWHC 181 (Pat); [2009] WLR (D) 50
Ch D
11/02/09
Invention — Patentability — Test to be applied in establishing patentability — Whether standard of proof balance of probabilities — Patents Act 1977, ss 1(1)(c), 14(3)
Blacklight Power Inc v Comptroller-General of Patents [2008] EWHC 2763 (Pat); [2008] WLR (D) 360
[2008] WLR (D) 360
18/11/08
Invention — Exclusion from patentability — Systems for synchronising email stores — Whether patent invalid for lack of inventive step — Whether “invention” — Patents Act 1977, s 1(2)
Research in Motion UK Ltd v Visto Corpn [2008] EWHC 335 (Pat)
[2008] WLR (D) 70
28/02/08
Invention — Exclusion from patentability — Computer programs — Whether claims to computer programs excluded from patentability — Convention on the Grant of European Patents (1973) (Cmnd 7090), art 52(2)
In re Astron Clinica Ltd and others [2008] EWHC 85 (Pat)
[2008] WLR (D) 12
25/01/08
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| PRACTICE |
Vexatious litigant — Inherent jurisdiction of court — Extended civil restraint order — Application to restrain person subject to order from engaging in any form of mere communication with person for whose benefit order made — Whether power to make order — CPR r 3.11, Practice Direction 3C supplementing Pt 3
Supperstone v Hurst and another; [2009] EWHC 1271 (Ch)
[2009] WLR (D) 176
09/06/09
Parties — Representative action — Restriction or distortion of competition — Anti-competitive agreements — Purchasers of air freight services — Whether purchasers having same interest in action when claim issued — Whether representative element of claim to be struck out — CPR r 19.6
Emerald Supplies Ltd v British Airways plc [2009] EWHC 741 (Ch); [2009] WLR (D) 136
09/04/09
Discovery — Before commencement of proceedings — Prospective claim — Application for discovery of documents — Parties’ relationship governed by arbitration clause — Whether jurisdiction to order pre-action disclosure in aid of arbitration proceedings — Supreme Court Act 1981, s 33(2)
EDO Corpn v Ultra Electronics Ltd [2009] EWHC 682 (Ch); [2009] WLR (D) 114
01/04/09
Parties — Joinder — Whether jurisdiction to join parties as claimants to national proceedings in which questions referred to the Court of Justice of the European Communities — CPR r 19.2(a)
Football Association Premier League Ltd and others v QC Leisure Ltd and others (Union des Associations Europeenes de Football, British Sky Broadcasting Ltd, Setanta Sports sarl, Groupe Canal Plus SA and Motion Picture Association intervening)
[2008] WLR (D) 357
13/11/08
Discovery — Privilege against self-incrimination — Public examination of bankrupt — Foreign criminal proceedings instituted against bankrupt — Bankrupt applying to suspend hearing of public examination —Whether hearing to be suspended — Insolvency Rules 1986, r 6.175
In re Rottmann (a bankrupt)
[2008] WLR (D) 161
20/05/08
Discovery — Jurisdiction — Interim application for disclosure of information capable of providing basis for application for freezing order — Degree of likelihood that application for freezing order would be made — Whether jurisdiction to make interim disclosure order — CPR r 25.1(1)(g)
Lichter & Schwarz (a partnership) v Rubin [2008] EWHC 450 (Ch D)
[2008] WLR (D) 93
12/03/08
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| PROBATE |
Will — Testamentary capacity — Effect of bereavement on mind of testator — Whether testator having requisite decision-making capacity — Whether having testamentary capacity
Key and another v Key and others; [2010] EWHC 408 (Ch)
[2010] WLR (D) 69
05/03/10
|
| REVENUE |
Value added tax — Fraud — Fraudulent evasion of VAT — Extent of knowledge required by participant in transaction connected with fraud — Whether claimant knew or ought to have known that transactions connected with fraud — Whether tribunal erring in fact-finding task
Megtian Ltd (in administration) v Revenue and Customs Commissioners; [2010] EWHC 18 (Ch)
[2010] WLR (D) 3
15/01/2010
Value added tax — Appeal — Taxpayer’s claim for repayment of input tax — Jurisdiction of VAT & Duties Tribunal — Whether tribunal having jurisdiction to determine issue of legitimate expectation — Value Added Tax Act 1994, s 83(1)(c)
Oxfam v Revenue and Customs Commissioners; [2009] EWHC 3078 (Ch)
[2009] WLR (D) 348
27/11/09
Customs and excise — Revision of duty classification — Allocation of duty classification to imported swimwear — Classification subsequently revised and corrected — Whether VAT & Duties Tribunal or Commissioners estopped or prevented by doctrine of abuse of process from asserting that revised classification correct
Matalan Retail Ltd v Revenue and Customs Commissioners; [2009] EWHC 2046 (Ch)
[2009] WLR (D) 283
5/08/09
Value added tax — Supply of goods or services — Online introduction to insurance services — Whether act of introduction capable of satisfying exemption from VAT charge — Value Added Tax Act 1994, Sch 9, Group 2, item 4 — Council Directive 77/388/EEC, art 13B(a)
InsuranceWide.com Services Ltd v Revenue and Customs Comrs; Revenue and Customs Comrs v Trader Media Group Ltd; [2009] EWHC 999 (Ch); [2009] WLR (D) 156
15/05/09
Capital gains tax — Appeal to commissioners — Scheme devised to avoid a charge to tax — Scheme operated in Mauritius jurisdiction — Shares in scheme subsequently sold — New trustees resident in UK jurisdiction — Whether tax should be charged on the basis of the sale — Double Taxation Relief (Taxes on Income) (Mauritius) Order 1981 (SI 1981/1121), art 13(4)
Smallwood and others v Revenue and Customs Comrs [2009] EWHC 777 (Ch); [2009] WLR(D) 137
08/04/09
Corporation Tax— Assessment— Taxation of subsidiary’s profits in hands of parent only when subsidiary established in different country from parent and lower rate of tax in that country—Whether contrary to freedom of establishment— Whether exceptions compliant with European Community law— Income and Corporation Taxes Act 1988 ss 747, 748—EC Treaty, art 43EC
Vodafone 2 v Revenue and Customs Commissioners [2008] EWHC 1569 (Ch)
- [2008] Bus LR 96
04/07/08
Value added tax — Exemptions — Food — Excepted items — Savoury snack — Whether savoury snack made from the potato which was similar to a potato crisp — Whether standard-rated — Value Added Tax Act 1994, Sch 8, Group 1, item 5
Procter & Gamble UK v Revenue and Customs Commissioners [2008] EWHC 1558 (Ch); [2008] WLR (D) 226
[2008] WLR (D) 226
04/07/08
Value added tax — Exemptions — Services closely related to education — Optional school fees refund schemes — Whether exempt — Council Directive 77/388/EEC, art 13(A)(1)(i)
Birkdale School, Sheffield v Revenue and Customs Commissioners [2008] EWHC 409 (Ch)
[2008] WLR (D) 74
05/03/08
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| STATUTORY POWER |
Electronic communications — Right to carry our works — Consideration payable — Operator of communications network wanting to lay cable through duct under canal — Long leasehold owner referring to arbitration question of scope of consideration payable for the right to carry out the works — Arbitrator determining no right to demand payment since no right to object to cable crossing canal — Whether person with control of land entitled to payment of sum reflecting value of the right to retain works on land once completed — Telecommunications Act 1984, Sch 2, para 13(2)(e)(ii) (as amended by Communications Act 2003, s 106)
The Bridgewater Canal Company Ltd v GEO Networks Ltd; [2010] EWHC 548 (Ch)
[2010] WLR (D) 85
19/03/10
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| SOLICITOR |
Officer of court— Court’s supervisory jurisdiction — Solicitors’ undertaking to redeem or discharge existing mortgages and charges— Application for summary enforcement of undertakings— Whether court should conduct inquiry as to loss suffered as result of breach of undertaking
Angel Solicitors (a firm) v Jenkins O’Dowd & Barth (a firm) [2009] EWHC 46 (Ch); [2009] WLR (D) 9
19/01/09
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| TRESPASS |
Land — Subsoil — Landowner’s rights in subsoil — Defendants laying pipelines below surface of land without obtaining access rights — Whether actionable trespass — Basis of assessment of compensation for “ancillary rights” — Mines (Working Facilites and Support) Act 1966, s 8(2)
Bocardo SA v Star Energy and another [2008] EWHC 1756 (Ch); [2008] WLR (D); [2008] WLR (D) 258
[2008] WLR (D) 258
24/07/08
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| TRUSTS |
Pension scheme — Underprovision — Scheme significantly underfunded and sponsoring employer insolvent — Trustee seeking to purchase annuities buying out benefits and to enter Pension Protection Fund — Whether buy-out for improper purpose — Whether trustee entitled to take fund into account — Pensions Act 2004
Independent Trustee Services Ltd v Hope and others; [2009] EWHC 2810 (Ch)
[2009] WLR (D) 325
10/11/09
Trustee — Proceeds of crime — Claim for recovery of proceeds of crime made in respect of trust property — Interim receiving orders made — Part of property excluded from interim receiving order to allow for payment of legal expenses — Application to set aside exclusion — Whether conflict between practice direction and legislative framework — Whether jurisdiction to set aside exclusion — Proceeds of Crime Act 2002 (c 29), s 251, 252, 266(8A) (as amended by Serious Organised Crime and Police Act 2005 (c 15) , s 109. Sch 6, paras 14, 15) — Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005 — Practice Direction – Civil Recovery Proceedings, paras 7A.4, 7B.1
Serious Organised Crime Agency v Szepietowski (No 2); [2009] EWHC 1560 (Ch)
[2009] WLR (D) 225
01/07/09
Trustee — Proceeds of crime — Claim for recovery of proceeds of crime made in respect of trust property — interim receiving order made — Trustee seeking further exclusions — Whether statutory exclusions exhaustive — Whether trustee subject to order able to recover costs — Proceeds of Crime Act 2002, s 252 — Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005
Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 344 (Ch); [2009] WLR(D) 74
27/02/09
Trustee — Duty of trustee — Whether trustee under a duty to review the diversification of trust fund — Trustee Act 2000, s 4(2)
Gregson v HAE Trustees Ltd and Others [2008] EWHC 1006 (Ch)
[2008] WLR (D) 146
08/05/08
Trustee — Disclosure — Claim against trustee for disclosure of wish letter — Whether wish letter disclosable to beneficiaries
Breakspear and others v Ackland and another [2008] EWHC 220 (Ch)
- [2008] 3 WLR 698
19/02/08
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| UNINCORPORATED ASSOCIATION |
Dissolution — Distribution of assets — Distribution to members with beneficial interest in assets — Sole surviving member — Whether bona vacantia
Hanchett-Stamford v Attorney General and another (Barclays Bank Trust Co Ltd intervening) [2008] EWHC 330 (Ch); WLR (D) 73
[2008] WLR (D) 73
27/02/08
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| VENDOR AND PURCHASER |
Leasehold property — Contract for assignment — Landlord’s consent necessary — Purchaser giving notice of rescission of sale agreement — Conduct of purchaser —Whether right to rescind exercisable only within reasonable time of right arising — Whether notice valid — Standard Conditions of Sale (4th ed), cond 8.3
Alchemy Estates Ltd v Astor and another [2008] EWHC 2675 (Ch); [2008] WLR (D) 343
[2008] WLR (D) 343
05/11/08
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